Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Rules and Regulations 37679 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone lasting one hour and thirty 

minutes that will prohibit entry on the 

Upper Mississippi River at MM 579.7, 

extending 500 feet from the left 

decending bank. It is categorically 

excluded from further review under 

paragraph L60 in Appendix A, Table 1 

of DHS Instruction Manual 023–01– 

001–01, Rev. A Record of 

Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T08–0470 to read as 

follows: 

§ 165.T08–0470 Safety Zone; Upper 

Mississippi River, Mile Marker 579.7, 

Dubuque, IA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Upper Mississippi River at mile marker 

579.7 extending 500 feet from the left 

decending bank approximately 1,000 

feet northwest of the Ulysses S. Grant 

Memorial Hwy. 

(b) Enforcement period. This section 

will be enforced on July 17, 2021, from 

9 p.m. through 10:30 p.m. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, 

persons and vessels are prohibited from 

entering the safety zone unless 

authorized by the Captain of the Port 

Sector Upper Mississippi River (COTP) 

or a designated representative. A 

designated representative is a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard (USCG) assigned 

to units under the operational control of 

USCG Sector Upper Mississippi River. 

(2) Persons or vessels desiring to enter 

into or pass through the zone must 

request permission from the COTP or a 

designated representative. They may be 

contacted on VHF radio Channel 16 or 

by telephone at 314–269–2332. 

(3) If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP or 

designated representative while 

navigating in the regulated area. 

(d) Informational broadcasts. The 

COTP or a designated representative 

will inform the public of the 

enforcement date and times for this 

safety zone, as well as any emergent 

safety concerns that may delay the 

enforcement of the zone through 

Broadcast Notice to Mariners (BNM) and 

or Local Notices to Mariners (LNMs). 

Dated: July 13, 2021. 

C.J. Barger, 

Commander, Acting Captain of the Port, U.S. 

Coast Guard. 

[FR Doc. 2021–15177 Filed 7–15–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter II 

Final Waiver and Extension of the 

Project Periods for the Equity 

Assistance Centers Grant Program 

AGENCY: Office of Elementary and 

Secondary Education (OESE), 

Department of Education. 

ACTION: Final waiver and extension of 

project periods. 

SUMMARY: The Secretary waives the 

requirements in the Education 

Department General Administrative 

Regulations that generally prohibit 

project periods exceeding five years and 

project period extensions involving the 

obligation of additional Federal funds. 

The waiver and extension enable four 

projects under Assistance Listing 

Number (ALN) 84.004D to receive 

funding for an additional period, not to 

exceed September 30, 2022. 

DATES: The waiver and extension of the 

project periods are effective July 16, 

2021. 

FOR FURTHER INFORMATION CONTACT: Ed 

Vitelli, U.S. Department of Education, 

400 Maryland Avenue SW, Room 

3E106, Washington, DC 20202. 

Telephone: 202–453–6203. Email: 

Edward.Vitelli@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service (FRS), toll free, at 1–800–877– 

8339. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 18, 2016, the Department of 

Education (Department) published in 

the Federal Register (81 FR 46820) a 

notice inviting applications for four 

projects for fiscal year (FY) 2016 under 

the Equity Assistance Centers (EAC) 

program, authorized under title IV of the 

Civil Rights Act of 1964, 42 U.S.C. 

2000c–2000c–2, 2000c–5. 

The purpose of the EAC projects is to 

provide technical assistance (including 

training) at the request of school boards 

and other responsible governmental 

agencies in the preparation, adoption, 

and implementation of plans for the 

desegregation of public schools, and in 

the development of effective methods of 

coping with special educational 

problems occasioned by desegregation. 

Desegregation assistance, per 34 CFR 

270.4, may include, among other 

activities: (1) Dissemination of 

information regarding effective methods 

of coping with special educational 

problems occasioned by desegregation; 

(2) assistance and advice in coping with 


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37680 Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Rules and Regulations 

these problems; and (3) training 

designed to improve the ability of 

teachers, supervisors, counselors, 

parents, community members, 

community organizations, and other 

elementary or secondary school 

personnel to deal effectively with 

special educational problems 

occasioned by desegregation. All four 

EAC projects provide technical 

assistance (including training) in all 

four of the desegregation assistance 

areas: Race, sex, national origin, and 

religion. A table listing the FY 2016 

EAC projects follows. 

FY 2016 awards under 

ALN 84.004D Project information 

S004D160012 ................................. Mid-Atlantic Equity Consortium, Bethesda, MD, Project: Center for Education Equity.

S004D160005 ................................. Intercultural Development Research Association, San Antonio, TX, Project: IDRA Equity Assistance Center 

South. 

S004D160011 ................................. Indiana University, Indianapolis, IN, Project: Midwest and Plains Equity Assistance Center. 

S004D160004 ................................. Metropolitan State University of Denver, Denver, CO, Project: Western Educational Equity Assistance Center (WEEAC). 

The EACs’ project periods started on 

October 1, 2016 and will end on 

September 30, 2021. 

On January 13, 2021, the Department 

published in the Federal Register (86 

FR 2653) a notice inviting applications 

for an FY 2021 EAC competition (FY 

2021 NIA). 

However, as the effects of the COVID– 

19 pandemic unfolded and as learning 

recovery and school reentry efforts 

intensified, the Department sought to 

ensure the continuity of services 

provided by the FY 2016 EAC projects 

to vulnerable populations, schools, and 

school districts across the country. The 

Department also sought to ensure that 

the next EAC grant competition is, to 

the extent statutorily permitted, aligned 

with the Biden Administration’s policy 

directives, including, for example, the 

Executive orders and memorandum 

included in the table below. 

Title of policy directive Date signed by 

President Biden 

Executive Order 13985: Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.January 20, 2021. 

Executive Order 13988: Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation .. January 20, 2021. 

Memorandum: Condemning and Combating Racism, Xenophobia, and Intolerance Against Asian Americans and Pacific 

Islanders in the United States.

January 26, 2021. 

Executive Order 14012: Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion 

Efforts for New Americans.

February 2, 2021. 

To ensure the continuity of services, 

and to allow the Department the 

opportunity to consider how best to 

align the EAC program with these 

Executive orders, to the extent 

statutorily permitted, the Department 

published on March 4, 2021 in the 

Federal Register (86 FR 12664) a notice 

withdrawing the FY 2021 NIA and 

cancelling the FY 2021 EAC 

competition. On March 25, 2021, the 

Department published in the Federal 

Register (86 FR 15829) a notice of 

proposed waiver and extension, in 

which it proposed to waive the 

requirements in the Education 

Department General Administrative 

Regulations that generally prohibit 

project periods exceeding five years and 

project period extensions involving the 

obligation of additional Federal funds. 

The proposed waiver and extension 

would enable the four FY 2016 EAC 

projects to receive funding for one 

additional period, not to exceed 

September 30, 2022. 

Public Comment: In response to our 

invitation of public comment in the 

notice of proposed waiver and 

extension, one party submitted a 

responsive comment. An analysis of the 

comment follows. 

Comment: One commenter stated that 

three of the four FY 2016 EAC projects 

should not receive a waiver and 

extension because they have not 

demonstrated transparency and results 

related to their work in the EAC 

program. With respect to one of these 

projects, the commenter cited 

transactions that it contended 

constituted conflicts of interest or 

created the appearance of fiscal 

impropriety. 

Discussion: The Department 

encourages the commenter to visit the 

Department’s EAC performance web 

page, located at https://oese.ed.gov/ 

offices/office-of-formula-grants/ 

program-and-grantee-support-services/ 

training-and-advisory-services-equityassistance-centers/performancetraining-and-advisory-services-equityassistance-centers/, to find current 

performance data for the four FY 2016 

EAC projects. In accordance with the 

applicable requirements for 

continuation funding in 34 CFR 75.253, 

the Department monitored and reviewed 

the performance of the FY 2016 EAC 

projects, which, included, where 

appropriate, examining allegations of 

potential conflicts of interest and fiscal 

impropriety, and determined that all FY 

2016 EAC projects demonstrated that 

they made substantial progress in 

achieving the goals and objectives of 

their grants, and in meeting their 

performance measures and targets 

within the scope of their approved 

projects. The Department also notes that 

all FY 2016 EAC projects have made 

their most recent single audits publicly 

available, in accordance with Federal 

grant regulations. Accordingly, the 

Department has concluded that 

continuation of the projects is in the 

best interest of the Federal Government. 

Changes: None. 

Final Waivers and Extensions 

The Department believes it is in the 

best interest of the public to extend the 

current EAC project periods for one 

year. Correspondingly, the Secretary 

waives the requirements in 34 CFR 

75.250, which prohibit project periods 

exceeding five years, as well as the 

requirements in 34 CFR 75.261(a) and 

(c)(2), which permit the extension of a 

project period only if the extension does 

not involve the obligation of additional 

Federal funds. The waiver will permit 

the Department to issue a FY 2021 

continuation award to each of the four 


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Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Rules and Regulations 37681 

1North American Industry Classification System. 

currently funded EAC projects, as 

estimated in the table below. 

Project information Estimated 

amount 

Mid-Atlantic Equity Consortium, Project: Center for Education Equity ............................................................................................... $1,640,562 

Intercultural Development Research Association, Project: IDRA Equity Assistance Center South ................................................... 1,641,567 

Indiana University, Project: Midwest and Plains Equity Assistance Center ....................................................................................... 1,607,310 

Metropolitan State University of Denver, Project: Western Educational Equity Assistance Center (WEEAC) .................................. 1,642,170 

Please note that the Department is not 

bound by the estimates in this table. 

Any activities carried out under these 

continuation awards must be consistent 

with the scope and objectives of the 

grantees’ applications as approved in 

the FY 2016 competition. The 

requirements for continuation awards 

are set forth in 34 CFR 75.253. 

Regulatory Flexibility Act Certification 

The Secretary certifies that the waiver 

and extension of the project period 

would not have a significant economic 

impact on a substantial number of small 

entities. The only entities that would be 

affected by the waiver and extension of 

the project period are the current 

grantees. The Secretary certifies that the 

waiver and extension would not have a 

significant economic impact on these 

entities, because the extension of an 

existing project period imposes minimal 

compliance costs, and the activities 

required to support the additional year 

of funding would not impose additional 

regulatory burdens or require 

unnecessary Federal supervision. 

Paperwork Reduction Act of 1995 

This notice of final waiver and 

extension of the project period does not 

contain any information collection 

requirements. 

Intergovernmental Review 

This program is subject to Executive 

Order 12372 and the regulations in 34 

CFR part 79. One of the objectives of the 

Executive order is to foster an 

intergovernmental partnership and a 

strengthened federalism. The Executive 

order relies on processes developed by 

State and local governments for 

coordination and review of proposed 

Federal financial assistance. This 

document provides notification of our 

specific plans and actions for this 

program. 

Accessible Format: On request to the 

program contact person listed under FOR

FURTHER INFORMATION CONTACT, 

individuals with disabilities can obtain 

this document in an accessible format. 

The Department will provide the 

requestor with an accessible format that 

may include Rich Text Format (RTF) or 

text format (txt), a thumb drive, an MP3 

file, braille, large print, audiotape, or 

compact disc, or other accessible format. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. You may access the official 

edition of the Federal Register and the 

Code of Federal Regulations at 

www.govinfo.gov. At this site you can 

view this document, as well as all other 

documents of this Department 

published in the Federal Register, in 

text or Portable Document Format 

(PDF). To use PDF, you must have 

Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Ian Rosenblum, 

Deputy Assistant Secretary for Policy and 

Programs Delegated the Authority to Perform 

the Functions and Duties of the Assistant 

Secretary, Office of Elementary and 

Secondary Education. 

[FR Doc. 2021–15162 Filed 7–15–21; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2018–0114; FRL–10025–34– 

OAR] 

Removal of the Federal Reformulated 

Gasoline Program From the Southern 

Maine Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notification of final action on 

petition. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action in 

announcing its approval of the petition 

by Maine to opt-out of the Federal 

reformulated gasoline (RFG) program 

and remove the requirement to sell 

Federal RFG for York, Cumberland, 

Androscoggin, Sagadahoc, Kennebec, 

Knox and Lincoln counties (the 

Southern Maine Area), which are part of 

the Portland and Midcoast Ozone 

Maintenance Areas for the 1997 ozone 

national ambient air quality standard 

(NAAQS). EPA has determined that this 

removal of the Federal RFG program for 

the Southern Maine Area is consistent 

with the applicable provisions of the 

Clean Air Act (CAA) and EPA’s 

regulations. 

DATES: The effective date for removal of 

the Southern Maine Area from the 

Federal RFG program is September 30, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Mark Coryell, Office of Transportation 

and Air Quality, U.S. Environmental 

Protection Agency, 2000 Traverwood, 

Ann Arbor, MI 48105; telephone 

number: (734) 214–4446; email address: 

coryell.mark@epa.gov or Rudy 

Kapichak, Office of Transportation and 

Air Quality, U.S. Environmental 

Protection Agency, 2000 Traverwood, 

Ann Arbor, MI 48105; telephone 

number: 734–214–4574; email address: 

kapichak.rudolph@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

Entities potentially affected by this 

final action are fuel producers and 

distributors who do business in the 

Southern Maine Area. 

Examples of potentially regulated 

entities 

NAICS1

codes 

Petroleum refineries ..................... 324110 

424710 

Gasoline Marketers and Distributors ............................................ 424720 

Gasoline Retail Stations ............... 447110 

Gasoline Transporters .................. 484220 

484230 

The above table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this action. The table lists 

the types of entities of which EPA is 

aware that potentially could be affected 


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